Wentworth Park Sporting Complex Trust v Leichhardt Council - [2002] NSWLEC 152

Reported Decision: 122 LGERA 271

Land and Environment Court

of New South Wales

CITATION: Wentworth Park Sporting Complex Trust v Leichhardt Council [2002] NSWLEC 152

PARTIES:
APPLICANT:
Wentworth Park Sporting Complex Trust
RESPONDENT:
Leichhardt Council

FILE NUMBER(S): 30077 of 2001

CORAM: Bignold J

KEY ISSUES: Rating :- Exemption in respect of land owned by the Crown not leased for private purposes-Wentworth Park (Greyhoud Racing Complex)

LEGISLATION CITED: Local Government Act 1993, s 555
Crown Lands Act 1989

CASES CITED: Forster Homes For the Aged Trust v Great Lakes Shire Council (1976) 1 NSWLR 577 ;
Gladstone Town Council v Gladstone Harbour Board (1964) 11 LGRA 231.;
Quality Parks Pty Ltd v Maclean Shire Council (2002) NSWLEC 77;
Randwick Council v Rutledge (1959) 102 CLR 54;
Townville Hospital Board v Townsville City Council (1982) 149 CLR 282;
Trustees of Wentworth Park v Sydney City Council (1962) 8 LGRA 238;
Trustees of Wentworth Park v Glebe Municipal Council and Anor (1949) 17LGR 146

DATES OF HEARING: 6 March 2002
31 May 2002

DATE OF JUDGMENT:
09/02/2002

LEGAL REPRESENTATIVES:

APPLICANT:
Mr S Kerr, Barrister
SOLICITORS
Manion McCosker
RESPONDENT:
Mr T Robertson SC
SOLICITORS
Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND

Matter No. 30077 of 2001

ENVIRONMENT COURT OF

Coram: Bignold J.

NEW SOUTH WALES

2 September 2002

WENTWORTH PARK SPORTING COMPLEX TRUST

Applicant

LEICHHARDT COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an appeal pursuant to the Local Government Act 1993, s 574 (the LG Act) in respect of two rates and charges notices served on the Applicant on 31 July 2001 in respect of separate parts of land known as lot 678 Deposited Plan 729635 (the subject land) in respect of the rate year from 1 July 2001 to 30 June 2002.

2. One of the notices described the relevant part of the subject land as “substation premises No 560” and the other notice described the relevant part as the Wentworth Park Greyhound Track.

3. At the time that the rates and charges notices were served, the Applicant was the trustee (“reserve trust”) appointed under the Crown Lands Act 1989 (or deemed to be so appointed) of the “reserve” known as Wentworth Park (Greyhound Racing Complex). Since that time, the Minister, pursuant to s 117 of the Crown Lands Act appointed Mr Peter William McCann as the administrator of the reserve trust but that fact does not affect the issues to be determined in the present proceedings.

4. The subject land, which comprises an area of 3.986 hectares forms part of what has been continuously known since at least 1885,as “Wentworth Park”, being an area of reclaimed land currently bounded by Bridge Road, Wattle Street, William Henry Street and Wentworth Park Road, Glebe. Deposited Plan 729635 was registered on 22 May 1991 and comprises four lots, namely lots 677, 678 (the subject land) 679 and 680 comprising areas of 5.766 ha, 3.986 ha, 2.696 ha…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] NSWLEC 152
Decision Date: 09/02/2002

CaseChat Overview and Summary

Wentworth Park Sporting Complex Trust sought to appeal a decision by Leichhardt Council that two parcels of land were rateable. The Trust claimed that the land was exempt from rates because it was owned by the Crown and not held under a lease for private purposes. The primary issue for the court was whether the subject land was owned by the Crown and not held under a lease for private purposes. The court held that the subject land was not owned by the Crown because it was dedicated in perpetuity as a park or place of public recreation. Therefore, the beneficial ownership of the land had passed out of the control of the Crown. The court further held that the subject land was held under a lease for private purposes because the dominant use made of the subject land was the Greyhound racing track and the related facilities by the two licensees. Therefore, the applicant had not established that the land was not held under lease for private purposes. The court dismissed the appeal and made the following orders: 1) The appeal be dismissed; 2) Exhibits be returned; 3) Question of costs be reserved.

Orders